ticket refund Archive - Weisenheimer

On 7 July 2022, the European Court of Justice (ECJ) decided that the breakdown of an airport´s refueling system constitutes extraordinary circumstances within the meaning of Article 5 (3) of Regulation 261/2004 (case C-308/21).

In its reasoning, the ECJ once more pointed out the criteria it regards relevant when it comes to extraordinary circumstances: the events that occurred must not be inherent in the normal exercise of the activity of the air carrier concerned and they must be beyond the air carrier´s actual control.

Regarding the first criterion, the ECJ stated that, in principle, refueling operations fall within the scope of the normal exercise of an air carrier´s activity and that, therefore, a technical issue arising during the refueling would not be suitable to constitute extraordinary circumstances. However, a general failure in the refueling system managed by the airport must be treated differently than a technical issue that, by its nature, is only confined to a single aircraft. Therefore, the ECJ came to the conclusion that such general failures of the refueling system are not inherent in the normal exercise of the activity of the air carrier concerned.

Regarding the second criterion, the ECJ once again highlighted the importance of the distinction between “internal” and “external” events, whereas only “external” events are regarded to be beyond the air carrier´s actual control. Therefore, if the refueling system at an airport is managed by this airport or a third party, a general breakdown of this system is regarded to be beyond the air carrier´s control.

Since both criteria of extraordinary circumstances are met, the ECJ decided that the general breakdown of an airport´s refueling system constitutes extraordinary circumstances. Therefore, the respective air carrier is not obliged to pay compensation to the passengers, provided that all reasonable measures were taken.

Don´t hesitate to contact our Aviation Team to learn more about passenger claims in Austria.

The regional court Korneuburg decided in the cases 22 R 171/21h, 22 R 196/21k and 22 R 210/21v that while Article 7 (3) of Regulation 261/2004 does not generally prevent payments to the credit card account used by a passenger, it must be assessed in accordance with applicable national law whether such payments relieve an airline from its obligation to pay.

If Austrian law applies, payments to the credit card account a passenger used to pay for his/her tickets are not sufficient for an airline to fulfill its obligations (i.e., mainly in connection with a ticket refund or a compensation payment). The regional court argued that only payments made to an account the passenger disclosed vis a vis the airline for refund purposes are regarded sufficient to relieve the airline from its obligation to pay.

These rulings especially have an impact on cases in which it is uncertain whether a passenger already received a payment or when exactly he/she received the payment. To comply with these rulings, it would be advisable to either have passengers specify the account they demand a payment to be made to during the refund application process or to contact the specific passenger before issuing a payment.

Don´t hesitate to contact our Aviation Team to learn more about passenger claims in Austria.

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The breakdown of an airport´s refueling system constitutes extraordinary circumstances

Payments to the credit card account are not sufficient